Saturday, March 29, 2014

Is the End of the $250,000 Malpractice Cap Looming Near?

In 1975, California was the first state to implement Tort Reform under the Medical Injury Compensation Reform Act. As a part of that law, non-economic damages (pain and suffering) in medical malpractice suits was capped at $250,000. Almost 40 years later, that law is still in effect. However, there is a proposed initiative that would raise this cap to $1.1 million (in order to adjust for inflation since 1975). The new measure would also allow this to continue increase to keep up with future inflation. Efforts are being made to try to put this in the November California ballot. If this does pass, it may be a sign of future change in Tort Reform.